As a non-legal person I have a question, perhaps a stupid one, but a question none the less.
If the court orders someone to pay a judgement and they don’t pay it, why are they not considered in contempt and hauled before the judge?
OP glad to see your case on Ratemyhorsepro. The more people know, the more they can avoid doing business with the bad apples.
[QUOTE=Guilherme;6913617]
I work in a DA’s office part time. I’m retired from the State Bar of Texas and I help out as The World’s Oldest Law Clerk. 
As part of my duties I research theft and fraud cases and review evidence to see if a criminal law has been broken. To make out a criminal case the State must prove each element of the offense beyond a reasonable doubt. One element in both theft and fraud is intent. The State must prove that when the alleged perpetrator took the money (or other property) as part of a commercial arrangement that they had intent to either not perform the contract or otherwise keep the money (or property) without providing value. The fact that they took on more work than they could perform or they ran unto hard times or they had some financial reverse does not necessarily convert a failure to perform under a contract into fraud or theft. It’s the intent present at the time the transaction occurs.
Sometimes the actions of the defendant are clear, one way or the other. Most of the time they are not. If intent is not clear then the matter will likely be labeled as “civil” and the DA will not go forward. I’ve sent many like this “up the line” and had to grit my teeth when I did it because it was functionally clear that the perpetrator was a scoundrel but there was not sufficient evidence to establish that they were a scoundrel in this transaction.
In a few instances with a little more work I’ve seen close cases “bootstrapped” and prosecutions successfully had. Sometimes just the threat of prosecution jars loose the victim’s money. Not always, though. 
If the OP has a civil judgement then that is public record. Unless otherwise prohibited under state law that public record may be disseminated. I presume they’ve properly docketed the judgement. They should also ensure that they take steps to keep it “alive” in the court system. Docketed judgements are liens on both real and personal property in most places. I’ve seen pleasant surprises to judgement creditors years after an event. I’ve seen more unpleasant surprises, truth be known. Still, the cost to keep it alive are relatively modest and worth the “value of the chance.”
Good luck in getting your money back.
G.[/QUOTE]
This is very valuable information. Perhaps this post can be made a “sticky” so that we may all refer to it with cases like these?
[QUOTE=FWIW - I don’t think Don Slaughter is a breeder, he’s a trainer/dealer, and that is a whole 'nother animal. :eek: Seems like there are many more bad stories out there about the horse dealer (horse trader has been a bad word for ages) then there are about the breeder.[/QUOTE]
July 21, 2008 I purchased a horse from Mr. Slaughter for $20,000.00. Before buying the Holsteiner/TB I paid for a pre-purchase vet check and there was nothing in the vet check that gave me cause for concern hence I did not request a reduction in the purchase price. The horse trainer/dealer/broker whatever you want to call him who showed me the horse was Donald Slaughter owner of Equisport International Show Jumping - Elite Equestrian is the one who to whom I paid the full purchase price. After quite a bit of time went buy I never received the registration papers for the horse and I questioned Don Slaughter about it. He gave me one excuse after another as to why the papers had not yet arrived. Finally, I decided to contact the owner directly to ask her why she had not yet provided me with the horse’s registration papers. The owner of the horse told me she was waiting to see the horse’s vet report and Don had yet to provide it to her. I personally told the owner there was nothing wrong with the vet report and that is when I learned from her that Don Slaughter told her that I was only offering to pay $14,000.00 for the horse NOT $20,000.00 as agreed upon because of the vet check findings. Thankfully the owner of the horse within the statute of limitations took Mr. Slaughter to small claims court and she was awarded the additional monies owed to her. This is public record. By the way Mr. Slaughter has never attempted to paid any restitution towards the judgment against him. He has been very busy sending out threatening letters to sue certain individuals and demanding they remove their blogs and post about him. Sorry if I crashed your blog on Airdance Farm and Lisa Dunckley. Good luck and keep posting it does help warn others.
http://www.chronofhorse.com/forum/showthread.php?368047-Don-Slaughter-Equisport-International
Heads up Lisa Dunckley is posting horses for sale on this Facebook page.
https://www.facebook.com/groups/46900638682/
I posted warning posts which were removed. Lisa Dunckley also blocked me on FB; so I can no longer see her postings there.
She is also posting horses for sale on SF Bay Craigslist
http://sfbay.craigslist.org/eby/grd/3711344529.html
You can flag her ads.
Here is her You Tube video channel link
http://www.youtube.com/user/flashykat/videos
If you are a You Tube member; perhaps you can post comments warning others.
[QUOTE=MysticOakRanch;6898945]
I tend to agree - especially in these “tight budget times” - most government agencies (and DA is local government) are stretched pretty thin. Might even consider small claims court, which isn’t very expensive. It really sucks - there are so many good breeders out there, but all it takes is a few bad ones to taint all of us.
FWIW - I don’t think Don Slaughter is a breeder, he’s a trainer/dealer, and that is a whole 'nother animal. :eek: Seems like there are many more bad stories out there about the horse dealer (horse trader has been a bad word for ages) then there are about the breeder.[/QUOTE]
July 21, 2008 I purchased a horse from Mr. Slaughter for $20,000.00. Before buying the Holsteiner/TB I paid for a pre-purchase vet check and there was nothing in the vet check that gave me cause for concern hence I did not request a reduction in the purchase price. The horse trainer/dealer/broker whatever you want to call him who showed me the horse was Donald Slaughter owner of Equisport International Show Jumping - Elite Equestrian is the one who to whom I paid the full purchase price. After quite a bit of time went buy I never received the registration papers for the horse and I questioned Don Slaughter about it. He gave me one excuse after another as to why the papers had not yet arrived. Finally, I decided to contact the owner directly to ask her why she had not yet provided me with the horse’s registration papers. The owner of the horse told me she was waiting to see the horse’s vet report and Don had yet to provide it to her. I personally told the owner there was nothing wrong with the vet report and that is when I learned from her that Don Slaughter told her that I was only offering to pay $14,000.00 for the horse NOT $20,000.00 as agreed upon because of the vet check findings. Thankfully the owner of the horse within the statute of limitations took Mr. Slaughter to small claims court and she was awarded the additional monies owed to her. This is public record. By the way Mr. Slaughter has never attempted to paid any restitution towards the judgment against him. He has been very busy sending out threatening letters to sue certain individuals and demanding they remove their blogs and post about him. Sorry if I crashed your blog on Airdance Farm and Lisa Dunckley. Good luck and keep posting it does help warn others.
http://www.chronofhorse.com/forum/showthread.php?368047-Don-Slaughter-Equisport-International
Flag them for what ? Isn’t flagging ads only for problems related to that ad and merchandise ?
^^^ they will be removed
It is NOW on Rate my Pro-Equine Court…
DO NOT PAY her one penny upfront for anything…Lisa Dunckley word is worth nothing…
Thanks for the post…and don’t worry about crashing my blog…I am so angry that she continues to buy, sell, promote, train, and post ads. she is exceptionally charismatic to speak with and you will thoroughly enjoy and buy into her on the phone…she will not ever ever return money. I have had so many personal messages about my dilemma and everyone just says good luck to me…I am going to do all that I can to see that she cannot financially hurt any more people
[QUOTE=jjshorse;6924422]
Thanks for the post…and don’t worry about crashing my blog…I am so angry that she continues to buy, sell, promote, train, and post ads. she is exceptionally charismatic to speak with and you will thoroughly enjoy and buy into her on the phone…she will not ever ever return money. I have had so many personal messages about my dilemma and everyone just says good luck to me…I am going to do all that I can to see that she cannot financially hurt any more people[/QUOTE]
Exactly!!! Kuddos to you for making a stand!!
Um…I don’t quite understand why you want to prevent someone who owes you money from earning money to pay you? If she’s selling a horse, the prospective buyer can verify the horse’s age, soundness etc., so you’re not saving a buyer from a fraud- only interfering with prospective advantage (which exposes you to lawsuit for interference with contract) and potentially preventing yourself from attaching your judgment to any money made from the sale of a horse…
I’m not sure how you’d go about attaching your judgment or enforcing your judgment. I appreciate the heads up.
[QUOTE=mareslave;6932892]
Um…I don’t quite understand why you want to prevent someone who owes you money from earning money to pay you? If she’s selling a horse, the prospective buyer can verify the horse’s age, soundness etc., so you’re not saving a buyer from a fraud- only interfering with prospective advantage (which exposes you to lawsuit for interference with contract) and potentially preventing yourself from attaching your judgment to any money made from the sale of a horse…
I’m not sure how you’d go about attaching your judgment or enforcing your judgment. I appreciate the heads up.[/QUOTE]
Just like with Jill Burnell, none of the money “earned” from other “clients” will ever be paid to people that are owed money. It should be very clear that is the MO from such people.
[QUOTE=FalseImpression;6933100]
Just like with Jill Burnell, none of the money “earned” from other “clients” will ever be paid to people that are owed money. It should be very clear that is the MO from such people.[/QUOTE]
Further, Lisa doesn’t necessarily own the horses she sells, which can mean further complications down the road say, should a buyer want papers and that is the first the owner knows of the sale. That could definitely put a hold on getting money owed from a sale to someone defrauded previously.
thanks for the info about court…The mare was bred, but the contract stated IF the foal was not born of a certain color, I would immediately get my money back…It was a long shot. As I found out later, the TB stallion that she stands, Extreme Gold apparently doesn’t even have TB papers from the jockey club…amazingly enough, no one bothered to get them when he was born, and now he COULD be registered, although that takes some effort and money…
She takes free and cheap horses, and shows photos of them jumping 18 inches and advertises them as event prospects…she is a disaster…
I have no recourse except to write my experience and possibly collection…I contacted the Oldenburg association, as they do let her host a site…
I want to prevent all of those other people that might send her horses, board horses, etc. from losing money…did you read the posts? If a buyer wants to buy a horse from her, that is great…I don’t want to see people send her stuff thinking they will get money out of it at the end…because they clearly won’t.
She is in Livermore…has a palomino TB stallion by Canadian Kid, and his name is Extreme Gold…she had Comet Shine which was not very fertile before his death. She was associated with Dana Estes and Sandra Boling at Vineyard Eventing, and I don’t know their relationship at this time…she is an exceptionally charismatic person on the phone, and easy to believe…
I have posted it on Rate my Horse Pro…thank you for the idea…
For those who have never had to deal with getting a legal judgment against someone - that judgment is usually only the beginning of the situation, not the end…Collection can be a long, complicated and expensive process in itself. See this:
http://www.ckfraud.org/judgement.html
Some years ago I was successful in getting a judgment against a LAWYER who took money from my father. Problem was the lawyer turned out to be broke (ie bankrupt) mentally unstable got disbarred and eventually committed suicide.
It will give some satisfaction to have the judgment, but really, if there are no verifiable assets, there’s no payment.
http://sfbay.craigslist.org/sfc/grd/3998493770.html
HAVE YOU SEEN THIS HORSE
image 1 image 2 image 3 image 4
Hello, I am looking for this horse, I adopted him out to a lady “Lisa Dunkley” DON’T EVER DO BUSINESS WITH HER! And she turned around and SOLD HIM. She signed a contract saying I can take him back if she needs to get rid of him/sell him!
He was UNLAWFULLY SOLD
The lady sold him before i could come pick him back up!!!
and I am alerting all auctions
His name was koda,
I think he was renamed “smoke jumper”
Tattoo number is *34527
He is from France, his registered name is •Camisado•
NEED TO LOCATE HIM DESPERATELY
it’s NOT ok to contact this poster with services or other commercial interests
Posting ID: 3998493770 Posted: 2013-08-13, 12:04AM PDT Updated: 2013-08-13, 12:45AM PDT email to a friend
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